The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person younger than 17 years of age, in accordance with
section 22.011(c)(1) of the Texas Penal Code.
A premises where children commonly gather, including, without
limitation, a playground, school, day-care facility, video arcade
facility, public or private youth center, or public swimming pool,
as those terms are defined in section 481.134 of the Texas Health
and Safety Code, or other facility that regularly holds events primarily
for children, and having the same exclusions as provided by section
341.906 of the Texas Local Government Code.
The state department of public safety sex offender database.
Any person younger than 17 years of age.
A place where the person abides, lodges, or resides for fourteen
(14) or more consecutive days.
Real property and all buildings and appurtenances pertaining
to real property.
A person who is required to register on the state department
of public safety's sex offender database because of a violation
involving a victim who was less than sixteen (16) years of age. It
shall be prima facie evidence that this article applies to a sex offender
if the person's record as it appears on the state department
of public safety's sex offender database indicates that the victim
was less than sixteen (16) years of age.
A place where the person abides, lodges, or resides for fewer
than fourteen (14) days or fourteen (14) or more days in the aggregate
during any calendar year and which is not the person's permanent
residence, or a place where the person routinely abides, resides,
or lodges for a period of four (4) or more consecutive or nonconsecutive
days in any month and which is not the person's permanent residence.
(Ordinance 873-23 adopted 4/11/2023)
(a)
It is unlawful for a sex offender to establish a permanent residence
or temporary residence within 1,000 feet of any child safety zone
in the city.
(b)
It is unlawful for a sex offender to go in or on any property
within 1,000 feet of a child safety zone in the city.
(c)
Nothing in this article shall be interpreted to modify or reduce
the state's child safety ban. A sex offender residing within
1,000 feet of a child safety zone does not commit a violation of this
section if:
(1)
The person established the permanent or temporary residence
and has complied with all the sex offender registration laws of the
state, prior to the date of the adoption of this section;
(2)
The person was a minor when he/she committed the offense and
was not convicted as an adult;
(3)
The person is a minor;
(4)
The child safety zone within one 1,000 feet of the person's
permanent or temporary residence became a child safety zone after
the person established the permanent or temporary residence and complied
with all sex offender registration laws of the state;
(5)
The person proves that the information on the database is incorrect
and that, if corrected, this section would not apply to the person;
(6)
The person has been exempted by a court order from registration
as a sex offender under chapter 62 of the Texas Code of Criminal Procedure;
(7)
The person has had the offense for which the sex offender registration
was required reversed on appeal or pardoned; or
(8)
The person's duty to register on/in the database has expired.
(d)
For purposes of determining the minimum distance separation,
the requirement shall be measured by following a straight line from
the property lot line of the permanent or temporary residence to the
nearest property lot line of the child safety zone, as defined herein.
(e)
Other than the intent to establish a residence, no culpable
mental state is required to be proven by the prosecution as an element
of this offense.
(f)
It shall be prima facie evidence that this article applies to
a person if that person's information appears on the database.
(g)
A map depicting the prohibited areas shall be maintained by
the city and shall be reviewed and updated annually for changes. The
map shall be available to the public for inspection at the city police
department and shall be made available to the public on the city's
official web site.
(h)
It shall be an affirmative defense to prosecution under this
article if the person was in, on, or within 1,000 feet of a child
safety zone for a legitimate purpose. A legitimate purpose includes:
(i)
It shall be an affirmative defense to prosecution under this
article if:
(1)
The property owner or renter/assignor provides dated, written
evidence of his/her due diligence performed before renting/assigning
or sub-leasing the property, and that he/she conducted a check with
the state department of public safety and the state department of
public safety sexual offender database on the tenant/sublessee/assignee's
criminal history before entering into the lease/sublease/assignment;
and
(2)
The evidence provided by the violator demonstrates that the
sexual offender was not listed in the state department of public safety
sexual offender database at the time the property owner/renter/assignee
conducted the criminal history check and reviewed the database.
(Ordinance 873-23 adopted 4/11/2023)
(a)
It shall be unlawful for the owner, lessee, or occupant (collectively,
the "lessor") of any place, residence, structure, or dwelling to rent
or lease the same, or any part thereof, to a sex offender, with the
knowledge that it will be used as a temporary or permanent residence
of such person, if such place, residence, structure, dwelling, or
other conveyance is located within 1,000 feet of an existing child
safety zone.
(b)
The lessor, as above described, of any place, residence, structure,
dwelling, or other conveyance shall be deemed to have knowledge that
another person is a sex offender if such person's information
appears on the database.
(Ordinance 873-23 adopted 4/11/2023)
(a)
A sex offender who established residency in a residence located
within 1,000 feet of a child safety zone before the adoption of this
article is exempt from this article. This exemption applies only to:
(b)
A sex offender may apply for an exemption from this article
by submitting to the city secretary an application for exemption,
in the form supplied by the city, accompanied by an affidavit that
shows the sex offender established residency in a residence located
within 1,000 feet of a child safety zone before the date this article
is adopted.
(c)
The chief of police, or his or her designee, shall determine
whether an application for exemption may be granted. The chief of
police, or his or her designee, may grant an exemption only if:
(1)
Such exemption is not contrary to the public interest or to
the public health, safety, or welfare;
(2)
Such exemption shall not increase duties for the city staff;
(3)
The exemption fits within the spirit of this article; and
(4)
The application of the requirements of this article in the particular
circumstances would create an unnecessary or undue hardship.
(d)
The chief of police, or his or her designee, shall send to the
applicant written notice of the decision to grant or deny an exemption
and, if applicable, a statement of the right to an appeal to the city
council.
(e)
Any person who is denied an exemption under this section may
appeal the decision of the chief of police or designee by filing with
the city secretary a written request for a hearing before the city
council. The request for an appeal must be submitted within ten (10)
days after the notice of the chief of police is sent.
(f)
City council decisions relating to application requests are
within the sole discretion of the council, and the council's
decision as to any such request is final and non-appealable.
(Ordinance 873-23 adopted 4/11/2023)
(a)
Any person, firm, corporation, or other entity that violates
any provision of this article shall be deemed guilty of a class C
misdemeanor and, upon conviction, shall be subject to a fine not to
exceed five hundred dollars ($500.00) for each offense, and a separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues.
(b)
The city shall have the power to administer and enforce the
provisions of this article as may be required by governing law. If
the city council determines that a violation of this article creates
a threat to the public safety, the city is authorized to bring suit
in district court to enjoin the person, firm, corporation, or other
entity from engaging in the prohibited activity. The city is not required
to give bond as a condition to the issuance of injunctive relief.
(Ordinance 873-23 adopted 4/11/2023)
